New access

Bill the Bass

Member
Livestock Farmer
Location
Cumbria
Got a neighbouring house holder wanting an access over a ransom strip, does this need solicitor input or can it be done by a simple letter/note of consent?
 

Pennine Ploughing

Member
Mixed Farmer
Depending on what they want, and what you have to offer,

If they only want a little short bit of access, and their your neighbours ( even if private house) and it won't inconvenience you, i would say they could have it on a 363 day shorthold tenancy, for a nominal rent, but they have to pay costs,
And just block it off for a couple of days a year with a trailer or the likes,
This will stop them getting right of access through continued use
As they say, keep your friends close, and your enemies closer,
As if in future they cause any problems your can stop them at end of year, and they will know this, so they will behave hopefully, this could help you long term , in terms of planning mud on road, and lots of other things, money is not everything for a quiet life
 

Bill the Bass

Member
Livestock Farmer
Location
Cumbria
Can you fill us in with a few more details?
Assume they already have an access why do they want another
They have an access out the front of the houses but the back gardens back onto an adopted road and we have a ransom strip between the two (road and garden). Access across the strip would facilitate off street parking.
 

Highland Mule

Member
Livestock Farmer
They have an access out the front of the houses but the back gardens back onto an adopted road and we have a ransom strip between the two (road and garden). Access across the strip would facilitate off street parking.

Are you inclined to agree or deny the request? As a bare rule of thumb, you should consider that a permanent agreement would add to the value of the house and a typical figure would be for you to get 1/3 of the uplift value. If I recall, @Clive has an ongoing case with someone doing similar, albeit without prior permission.

it’s also worth thinking that the premium for off street parking will only go up, as electric cars become more popular and need charged at home.
 

Surgery

Member
Location
Oxford
Had someone dig a verge up down a private road to create a new entrance (without permission) so eager to hear if someone’s had similar , they have no other parking than across our verge.
 

Bill the Bass

Member
Livestock Farmer
Location
Cumbria
Are you inclined to agree or deny the request? As a bare rule of thumb, you should consider that a permanent agreement would add to the value of the house and a typical figure would be for you to get 1/3 of the uplift value. If I recall, @Clive has an ongoing case with someone doing similar, albeit without prior permission.

it’s also worth thinking that the premium for off street parking will only go up, as electric cars become more popular and need charged at home.

Happy to agree the request and don't really want to be too greedy - we have agreed a price. Just wondering if there is any need to involve solicitors who I am fairly fed with.
 

Dry Rot

Member
Livestock Farmer
Just be aware that if you grant 'A' access over your land, 'A' now has access for anything he cares to put on his land unless you tie him down legally, which might include a housing estate. caravan park, refuse tip, etc. Accesses are valuable, Get professional advice from qualified people with relevant experience, not off a newsgroup.
 

onthehoof

Member
Mixed Farmer
Location
Cambs
They have an access out the front of the houses but the back gardens back onto an adopted road and we have a ransom strip between the two (road and garden). Access across the strip would facilitate off street parking.
Is there room to build another house in the back garden? Just about everyone around here with only a medium size garden has sold off a building plot or two, you’d be amazed at some of the places you can fit a new build in.
 

HolzKopf

Member
Location
Kent&Snuffit
Had someone dig a verge up down a private road to create a new entrance (without permission) so eager to hear if someone’s had similar , they have no other parking than across our verge.

Hmmm, this is deja-vu for us. First place to start is their (and your) title deed or even the old deeds if you have them to see if their right of way down the private road states 'along the roadway' or words to that effect rather than 'roadway and verges'. Also how is the roadway shaded on the title plan? - roadway only or roadway and verges?

Keep us posted

HK
 

Surgery

Member
Location
Oxford
Hmmm, this is deja-vu for us. First place to start is their (and your) title deed or even the old deeds if you have them to see if their right of way down the private road states 'along the roadway' or words to that effect rather than 'roadway and verges'. Also how is the roadway shaded on the title plan? - roadway only or roadway and verges?

Keep us posted

HK
Yep sounds the same.

Our Title deeds quote for all times purposes over and along , theirs over-along and upon.

slight issue in track and verge shaded the same colour thou.

didn’t think we had any chance of stopping them but since have found a precedent in a similar case , our verge was dropped to allow access ,precedent case was the same circumstance , we never gave any permission to do so , we will be sending a letter to them to express our right to reinstate the verge to its forma state , hedged and fenced.

the old owner lives down the same drive and was a property man , he was the one who created the access issue , so had filled the new owners head with all kinds of lies regarding what we can do and their rights to use the track , he also when selling said house got them new vendor to use the same firm of solicitor which given the new vendor is a estate agent is mind boggling.

plenty more if required!!
 
Last edited:

Will you help clear snow?

  • yes

    Votes: 68 32.2%
  • no

    Votes: 143 67.8%

The London Palladium event “BPR Seminar”

  • 8,626
  • 120
This is our next step following the London rally 🚜

BPR is not just a farming issue, it affects ALL business, it removes incentive to invest for growth

Join us @LondonPalladium on the 16th for beginning of UK business fight back👍

Back
Top